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While it is a tough pill to swallow, the ruling in this case should prompt the majority of emergency medicine groups to reassess the protections their peer-review processes have in the context of the statutes in the states where they operate.
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ACEP Now: Vol 37 – No 11 – November 2018Lessons Learned
- Review your state’s peer-review statute to ensure strict compliance.
- Confirm written affiliation between the hospital and the ED group/director to specifically perform the peer-review process.
- Consider making the ED director or other group designee a member of the hospital peer-review process/committee.
- Identify all peer-review personnel, materials, and processes as affirmatively falling within the peer-review statutory authority.
- Periodically update the hospital/group agreement using language commensurate with that of the protecting peer-review statute.
- Mark all peer-review correspondences in any form (written, oral, electronic, etc.) as protected peer-review material.
Dr. Totz is facility medical director at First Choice Emergency Room at Adeptus Health in Texas.
Reference
- 63 Pa Stat § 425.2.
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